No. It is a crime to drive with a blood alcohol content (BAC) of 0.08 percent or more on I-70 in Kansas and Missouri. Thus, if the driver’s BAC is found to be less than 0.08 percent then he or she may not be charged with the crime of drunk driving. However, his or her BAC may still be relevant to your civil case and may be important evidence in determining who caused the accident and who should be able to recover for his or her accident injuries.

Recent studies suggest that a driver may be impaired and may cause a crash on the Dwight D. Eisenhower – Harry S. Truman Presidential Highway, or other areas of I-70, with a blood alcohol content that is much less than 0.08 percent. Additionally, the federal government has proposed changes to current drunk driving laws that would redefine drunk driving to include drivers with BACs lower than 0.08 percent.

What matters now, however, is not the criminal definition of drunk driving, but whether the driver who caused your I-70 car accident injuries was negligent. His or her BAC may be relevant to that determination.

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James Roswold
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James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.